In re L.Q., ___ N.C. App. ___ (April 16, 2025)

Held: 
Affirmed
  • Facts: Father appeals the termination of his parental rights. DSS filed a petition to terminate Father’s parental rights on August 5, 2020. Following twelve continuances, the pre-trial hearing was held on March 11, 2022. The adjudication hearing was held across multiple sessions spanning several months. Ultimately the trial court entered its order terminating Father’s parental rights on October 25, 2023. Father argues the trial court violated his due process rights by continuing the case for more than 90 days before holding an initial hearing on the TPR petition in violation of G.S. 7B-1109(d). The court of appeals granted Father’s petition for writ of certiorari to reach the merits of Father’s untimely appeal.
  • Whether a trial court complied with G.S. 7B-1109(d) is reviewed de novo.
  • “A writ of mandamus is the proper remedy when the trial court fails to hold a hearing or enter an order as required by statute.” Sl. Op. at 14. In In re C.R.L., 377 N.C. 24 (2021), the supreme court held that failure to petition for writ of mandamus precludes an appellant from obtaining relief for violation of G.S. 7B-1109. Father “missed his opportunity to remedy the violation of [G.S.] 7B-1109.” Sl. Op. at 14-15. Father failed to file a petition for writ of mandamus between the filing of the petition and the conclusion of the TPR proceedings, and offered no explanation for his failure to file the petition for writ of mandamus during the pendency of the proceedings.
Category:
Termination of Parental Rights
Stage:
Hearing
Topic:
Due Process
Tags:
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7B-1109(d)
due process
remedy